Appellate Case: 24-6029 Document: 010111084896 Date Filed: 07/25/2024 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT July 25, 2024 _________________________________ Christopher M. Wolpert Clerk of Court UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 24-6029 (D.C. No. 5:22-CR-00239-JD-4) KEVIN EARL TOOKS, (W.D. Okla.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT* _________________________________ Before EID, KELLY, and BRISCOE, Circuit Judges. _________________________________ Pursuant to a plea agreement containing an appellate waiver, Kevin Earl Tooks pleaded guilty to conspiring to possess and distribute fentanyl, in violation of 21 U.S.C. § 846. The district court sentenced him to 188 months in prison, which was at the bottom of the advisory Sentencing Guidelines range of 188 to 235 months.

Mr. Tooks appealed, and the government now moves to enforce the appeal waiver. See United States v. Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam). In response, Mr. Tooks “acknowledges that his appeal waiver is enforceable under the standard set out in United States v. Hahn.” Resp. at 1.

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

Appellate Case: 24-6029 Document: 010111084896 Date Filed: 07/25/2024 Page: 2

Based on Mr. Tooks’s concession, and our application and interpretation of Hahn, we grant the government’s motion to enforce the appeal waiver and dismiss this appeal.

Entered for the Court Per Curiam